To issue breech or not?

[lizzie]

When we bought our tourist cottages ... we inherited a permanent tenant who ask if they could stay on for 3 more month while their house was being built.

We agreed and had our real estate sign them up on a 3 month lease with strict conditions - no parties - no noise after 10pm - no contact or interaction with "guests" - if there are any issues they must contact the cottage manager or real estate only.

Problem is that the bloke (wife is lovely) is a real dick who constantly whinges to the groundsman or cottage manager about things that are none of his business - like he didn't like our design of the deck stairs on another cottages - acts like it is his right to oversee and keep everything in order - and twice now he has upset other guests.

Last night was the last straw ... we have a rather famous group (and their families) book out the entire property, wanting complete privacy ... and twice he has gone over to their accommodation - the second time to ask them to turn down their music at a very early 6pm.

These guests were understandably really upset at having their privacy interfered with - my cottage manager is rope-able and will try to smooth things over today - my real estate was furious and rang the tenant last night to give him a blast ... I'm just hoping the reputation "damage" is not serious.

The tenant is off lease in 6 weeks - and has already been issued "notice to vacate" - my situation is that it's not the first time he's done this and been sternly reminded to back off and I'm worried that he just doesn't seem to learn - and I've had a gut full of his "passive" aggressive interfering. Waiting to see how the cottage manager goes today.

Do I issue him with a breech on Monday with 5 days to vacate and the subsequent fallout ... or do I just wait out the six weeks with no stress?

 

[Kinnon Bell]

Tricky one as you could face reputation damage from both sides. If I paid (what I assume to be) a reasonable amount of money to book out a whole place then I would expect the whole place to be vacant except for staff and if that privacy was intruded on I would not be a happy camper as I would not be receiving the service I paid for.

On the other hand, you evict ol mate and he goes to social media, trip advisor etc saying you evicted a paying 'tenant' and left him homeless then you have to go into damage control.

For the remainder 6 weeks have you got many bookings where he can interfere?

 

[Xenia IM]

Be proactive Lizzie - it may or may not get through but he is totally disrespecting your boundaries.

A breach notice gives him time to remedy the breach - you may need to serve him another legal notice following this one.

I would certainly let him know.

Even those renting under normal circumstances - 3 br free standing house - are issued a breach if they are disturbing the neighbours!!

 

[marg4000]

This is somewhat tricky.

There is no way you can rent out the "entire property" and offer "complete privacy" when there is another tenant in residence.

I wasn't there, but extreme noise can be intrusive to your sitting tenant, no matter what hour. This tenant has the legal right to "quiet enjoyment" of his property.

The fact that the group is famous (?) really does not come into it.
Marg

 

[jim1964]

This is somewhat tricky.

There is no way you can rent out the "entire property" and offer "complete privacy" when there is another tenant in residence.

I wasn't there, but extreme noise can be intrusive to your sitting tenant, no matter what hour. This tenant has the legal right to "quiet enjoyment" of his property.

The fact that the group is famous (?) really does not come into it.
Marg

Agree 100% with marg4000the sitting tenant has rights as well.

 

[DEC]

we have a rather famous group (and their families) book out the entire property, wanting complete privacy ... and twice he has gone over to their accommodation - the second time to ask them to turn down their music at a very early 6pm.

Maybe he's like me and wants to kill somebody when he hears "Hotel California"

 

[Rolf Latham]

Tough one

Pay them to leave or

Lean on the wife and make it clear in a nice way that that you have an agreement for a reason and it ws made in good faith

Issuing a breach probably won't do much positive exp if the person is a self centred sod

Ta

Rolf

 

[lizzie]

This is somewhat tricky.

There is no way you can rent out the "entire property" and offer "complete privacy" when there is another tenant in residence.

I wasn't there, but extreme noise can be intrusive to your sitting tenant, no matter what hour. This tenant has the legal right to "quiet enjoyment" of his property.

The fact that the group is famous (?) really does not come into it.
Marg

We did consider this side carefully too ... and the tenant was fully aware that guest will have priority on the property - and if guest behaviour is causing an issue then he is to contact the cottage manager or rental managers ONLY.

To counter this, they are paying severely reduced rent (we could get in one night what they are paying for a week) - and they also have the right to vacate at any time without penalty.

Cottage Manager went out to premises (didn't enter) late last night and said the music was quieter than the usual wedding do's that we have around here.

It appears the tenant has now gone away for the rest of the weekend - so we have offered the guests occupation for the full day tomorrow, instead of 10am checkout. Hope this soothes things over.

And - yes - the guest is very famous ... but my lip is zipped.

Sometimes being a nice guy just bites you on the bum

 

[willair]

On the other hand, you evict ol mate and he goes to social media, trip advisor etc saying you evicted a paying 'tenant' and left him homeless then you have to go into damage control.

That may be the worry factor,also they may also read what's been posted about them in black and white on this site the web has no pseudosocial promiscuity then repost it online on several online travel sites,and you may give legal ideas to your less imaginative enemies,and once it's up there forever...

 

[lizzie]

Yep - a problem. Want to everything by the book but also protect our own interests.

Their notice to vacate has already been issued - may issue them with a breach, without evicting, so they understand the seriousness - and then let it ride out until the 6 weeks is up.

 

[jim1964]

How can you keep telling us this without actually telling us?? Maybe after the fact then?Maybe half the problem is your famous guest........

 

[lizzie]

How can you keep telling us this without actually telling us?? Maybe after the fact then?Maybe half the problem is your famous guest........

I will - after the fact ... but this isn't the first time the tenant has done this (and been told to back off) ... so partially the guest, but mainly the tenant

 

[jim1964]

I will - after the fact ... but this isn't the first time the tenant has done this (and been told to back off) ... so partially the guest, but mainly the tenant

Yeah,those AC/DC boys really know how to party before 6..................

 

[kathryn d]

Better hope the tenant doesn't annoy the future holiday guests...just for retaliation.

You still can't get rid of him, until the Sheriff enforces it.
Talking to a 'neighbor' isn't illegal.

 

[lizzie]

Better hope the tenant doesn't annoy the future holiday guests...just for retaliation.

You still can't get rid of him, until the Sheriff enforces it.
Talking to a 'neighbor' isn't illegal.

It's at a tourist accommodation setup and it is in his lease that he is not to interact with the paying guests.

Could let it slip if they guest approached him - but every time has been his instigation ... whether he thinks he's being friendly or not.

So - not illegal - but breech of lease conditions. Will talk with real estate tmrw and see if it's worth issuing a breech, or just a sternly worded letter, as they are going in 6 weeks anyhow

 

[Macca]

No good deed shall go unpunished

I would go to the next step just to highlight the seriousness, do it again and you are legally out.

 

[kathryn d]

It's at a tourist accommodation setup and it is in his lease that he is not to interact with the paying guests.

Could let it slip if they guest approached him - but every time has been his instigation ... whether he thinks he's being friendly or not.

So - not illegal - but breech of lease conditions. Will talk with real estate tmrw and see if it's worth issuing a breech, or just a sternly worded letter, as they are going in 6 weeks anyhow

If I had read this last week, I would probably agree with you...wait out the 6 weeks and they will be gone.

Because we are having 'issues' with one of our 'short term' tenants, my faith has been swayed. Her lease was over, last week. We have since found out these tenants have a history of doing serious damage upon vacating.The police will not/ cannot help. We need to request to have this lease terminated, when it specifically states (by the RTA) the tenant must leave.
We have a hearing on Monday.It could still take a month before we get the termination we need. All we can hope for, is the Sheriff, evicts before the tenant does damage. At the moment no other LL is willing to rent to her, so she doesn't want to live in a damaged apt.
If we were there, we would just handle it differently, but we are not willing to put our building super in confrontation with the police.

So my advice would be...start the eviction papers for your tenant, because they may decide to stay, after 6 weeks.

 

[lizzie]

Now that they have left ... those that "know" will know ...

American - in a band with his twin - lotsa tatts - judge on an Australian singing contest - his toothpick has it's own FB page ...

 

[JameZ]

Joel Madden's toothpick has its own FB page?

 

[lizzie]

Darn - can't find the toothpick FB page - it was there last year ...

p.s. We won't issue official breach - but notice to vacate went last week, and agent is sending a strongly worded "don't" letter today with a reminder we could kick them out with 24hrs notice if they do it again.